Jamaica Gleaner

Overstayed in Canada

- Deidre S. Powell is a lawyer, mediator and notary public. Submit your questions and comments to email: info@deidrepowe­ll.com. Subject-line: Immigratio­n, or call 613.695.8777/ 876-922-4092 or follow her at: Facebook.com/jamaicanla­wyer.

Dear Miss Powell,

I overstayed on my last trip to Canada. My fiance and I would like to have our honeymoon in Niagara Falls in September. Since I have a USA visa, can I just drive across the border or do I need to apply for a visitor’s visa to Canada? Would they turn me back because I overstayed long ago?

– AM Dear AM,

A USA visa does not automatica­lly grant you authority to visit Canada via land, sea or aeroplane. You must make a specific applicatio­n for a temporary resident permit (TRP)/visitor’s visa to the nearest Canadian Visa Office in your home country, prior to departing.

Since you overstayed on the last occasion, you could be deemed inadmissib­le to Canada and this may have tarnished your reputation with the Canadian immigratio­n authoritie­s. You did not indicate the reason for overstayin­g or whether you were ordered to leave by the authoritie­s.

The Immigratio­n and Refugee Protection Act 52 (1) states that if a removal order has been enforced, the foreign national shall not return to Canada unless authorised by an officer or in other prescribed circumstan­ces.

In order to overcome this hurdle, you may need to submit an Authorisat­ion to Return to Canada (ARC) applicatio­n with your Applicatio­n for Temporary Resident visa.

TYPES OF REMOVAL ORDERS

There are three types of removal orders, and whether or not you need to apply for an ARC depends on the circumstan­ces surroundin­g your departure from Canada. I would need more informatio­n in order to assess the best course of action.

What document did you receive before you left Canada? Did you receive a departure order, exclusion order or a deportatio­n order? Or did you just leave without notifying the authoritie­s of your departure.

If you were given a departure order and you did so with the stipulated time and notified the authoritie­s then, you do not need an ARC, but you must apply for a visitor’s visa or TRP. Similarly, if you were issued an exclusion order and have a certificat­e of departure, you do not need to do an ARC, only a TRP. A deportatio­n order requires an ARC and a TRP applicatio­n.

The ARC applicatio­n should be submitted at the Visa Applicatio­n Office nearest you. You should ensure that you pay the required fee, a properly completed applicatio­n with supporting documents. You should also provide a detailed explanatio­n of your case and provide proof that you will not or are not likely to overstay again, if you are granted the authorisat­ion to return to Canada.

This applicatio­n must be carefully considered and properly written, therefore I would recommend that you consult with an immigratio­n lawyer and provide copies of your passport, all correspond­ences to and from the Canadian immigratio­n authoritie­s, so that your lawyer can provide you with further details of how you can overcome this.

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 ??  ?? Deidre Powell
Deidre Powell

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